Colorado Counties: locate an DUI / DWI lawyer in your area.

A Colorado Driving under the influence or driving while ability impaired arrest triggers two different cases – in criminal court, and at the Division of Motor Vehicles. Both cases carry substantial punishment and require expert legal advice, but the DMV case is far more time-sensitive. Drivers arrested on suspicion of DUI or DWAI in Colorado have only seven days from the date of arrest to request a DMV hearing, or risk automatically losing their driver’s licenses.

DUI defendants in Colorado can be charged with DUI – driving under the influence of alcohol, drugs, or a combination of the two – or DWAI – driving while ability impaired. DWAI is a less serious offense charged when the driver’s blood alcohol level (BAC) is .05 or greater.

There are two elements to a Colorado drunk driving arrest – driving under the influence, and violation of the state’s "per se" laws. Driving under the influence means driving a vehicle when a person has consumed intoxicants which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Conversely, the per se charge focuses solely on the driver’s BAC. The per se charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08 percent or greater BAC. It does not matter how the motorist drove or whether he or she performed field sobriety tests with textbook precision.

In Colorado, DWAI is similar to DUI, except that to be convicted of Colorado DWAI, the prosecution is only required to prove that the defendant was affected to the slightest degree, so that the person is less able than he or she ordinarily would have been to exercise clear judgment.

Like many other states, Colorado, imposes both criminal – court – and administrative – DMV – penalties for a DUI conviction. That’s why it’s critical to contact a Colorado drunk driving defense lawyer as soon as possible to protect the accused motorist’s rights, freedom, and driving privileges.

Even motorists licensed in other states must request a DMV hearing after a Colorado DUI or DWAI arrest to protect their driving privileges. Colorado is a member of the Interstate Driver's License Compact, which shares information about driving-related crimes and administrative actions with other compact members. Forty-five states are party to the IDLC.

In Colorado, prior DUI convictions remain on the driver’s record for life when it comes to sentencing considerations. Convictions can be used to enhance penalties for five years at the DMV and seven years for habitual traffic offender designation. A driver who commits three major incident, including driving under the influence of alcohol, reckless driving, driving under restraint, vehicular assault, vehicular homicide, and hit and run involving resulting in death or injury, will be designated as a habitual traffic offender.

The maximum punishment for a Colorado DUI is one year in jail, a $1,000 fine, 96 hours of public service, an alcohol evaluation, an alcohol education course, and up to 86 hours of alcohol therapy. Drivers with a BAC of .20 percent or greater will serve 10 days in jail. Second and third offenses carry higher maximums and require jail.

A first-offense DUI will usually bring a minimum punishment of unsupervised probation for one to two years, 48 hours of useful public service, an alcohol evaluation, an alcohol education course, and fines, fees, and court costs amounting to approximately $500. The driver is required to abstain from drinking for one year.

Although the punishment meted out in a Colorado DUI or DWAI case can be severe, the consequences can be minimized or avoided altogether with the help of a skilled Colorado DUI defense lawyer. The experienced drunk driving attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation to discuss an aggressive defense strategy designed to protect the driver’s rights.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.